New York City Nursing Home Abuse Lawyer

Assisted living facilities should be places where elderly residents are well cared for. Unfortunately, many vulnerable individuals suffer from nursing home neglect and various forms of elder abuse. 

If your family member has suffered mistreatment in a care facility, it is critical to act swiftly and seek legal help from a qualified New York City nursing home abuse lawyer. With proper legal representation, you can hold nursing facilities responsible for their actions and ensure your loved ones receive the justice and compensation they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our mission is to secure compensation for victims of nursing home abuse. With a seasoned legal team, we have a strong history of successfully handling nursing home abuse cases and securing meaningful settlements and verdicts.

We conduct detailed investigations to ensure every aspect of the abuse is uncovered, including medical costs, emotional distress, and other related damages. Our deep knowledge of nursing home abuse claims allows us to navigate the legal process efficiently, fighting relentlessly to safeguard your rights.

Types of Cases Handled by Our NYC Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional or negligent act by a caregiver or staff member that causes harm, suffering, or distress to a nursing home resident. This abuse can take many forms, each equally damaging to the physical, emotional, and financial well-being of the victim. 

Our experienced New York nursing home abuse lawyers are well-versed in handling various types of nursing home abuse cases, including:

Physical Abuse

Physical abuse in nursing homes includes any intentional use of force that results in bodily harm or injury to a resident. This can involve hitting, slapping, kicking, or other forms of violence. It can include the improper use of restraints, which can lead to bruising, broken bones, or other severe injuries.

Mental and Emotional Abuse

Mental and emotional abuse involves verbal abuse and threats, humiliation, intimidation, or social isolation of the resident. The constant fear or emotional distress caused by such actions can lead to a severe decline in the victim’s mental health, including anxiety and depression.

Sexual Abuse

Sexual abuse in nursing homes is a serious violation of a resident’s rights and involves any non-consensual sexual contact or activity. This type of abuse is particularly difficult for victims to report, making it vital for families and attorneys to recognize the warning signs and take immediate action.

Medical Malpractice

Medical malpractice occurs when nursing homes fail to provide adequate medical care, leading to severe health issues or even death. 

Common forms of medical malpractice include the failure to prevent or treat bedsores (also known as pressure ulcers), medication errors, and neglect in managing medical conditions. These acts of negligence often stem from poor training, understaffing, or a lack of attention to the resident’s medical needs.

Negligence

Nursing home neglect can take many forms, from failing to provide proper hygiene, nutrition, and hydration to failing to supervise residents, which can lead to elopement (wandering).

Financial Abuse

Financial abuse in nursing homes occurs when a staff member or caregiver takes advantage of a resident’s trust or vulnerability to steal or manipulate their finances. This can include unauthorized use of the resident’s bank accounts, theft of personal belongings, or coercing the resident into altering their will or financial arrangements.

Wrongful Death

In the most tragic cases, elder abuse or nursing home negligence can result in wrongful death. Our New York nursing home abuse lawyers are dedicated to helping families seek compensation for the loss of their loved ones.

Understanding Your Legal Rights

Nursing home residents are entitled to live in a safe, respectful environment where their rights and dignity are respected. Federal and state laws protect residents from abuse, neglect, and exploitation, ensuring that nursing homes provide proper care.

Federal Protections 

One of the most important federal laws protecting nursing home residents is the Nursing Home Reform Act of 1987, which sets strict standards for the care residents must receive. It mandates that nursing homes receiving Medicare and Medicaid services promote and protect residents’ rights. Under this law, residents have the right to:

• Be free from abuse, neglect, and mistreatment
• Receive proper medical care and attention
• Have privacy and dignity respected
• Voice complaints without fear of retaliation
• Be informed about their medical conditions and participate in their care plans

State-Specific Protections 

In addition to federal laws, New York has regulations that protect nursing home residents. The New York State Department of Health oversees nursing homes and ensures compliance with state laws regarding residents’ safety, quality of care, and rights. 

In New York, skilled nursing facilities must adhere to specific regulations regarding nursing home staffing levels, safety protocols, and the standard of medical care.

The state’s Nursing Home Patients’ Bill of Rights outlines additional protections, such as the right to receive care without discrimination and participate in treatment decisions. The New York State Department of Health manages the Nursing Home Complaint Hotline, where families can report nursing home abuse or neglect. 

These state-specific regulations, alongside federal protections, create a comprehensive framework for safeguarding nursing home residents.

Eligibility to File a Claim 

When these rights are violated, the following individuals can pursue legal action against the nursing home or assisted living facility and the staff members responsible:

• The nursing home resident
• A family member or legal guardian 
• The estate executor or administrator, in wrongful death cases

Liability in Nursing Home Neglect and Abuse Cases 

Depending on the circumstances, multiple parties can be held legally responsible for the harm done to a nursing home resident.

• Nursing Home Facility: The facility can be held liable if it fails to provide proper staffing, training, or oversight or if poor policies contribute to the abuse or neglect.
• Nursing Home Staff Members: Caregivers, nurses, or aides may be directly responsible for the abuse or neglect.
• Medical Professionals: The facility’s doctors, nurses, or pharmacists can be liable for medical malpractice cases.
• Third-Party Contractors: Sometimes, nursing homes hire outside contractors for cleaning or medical care. If one of these contractors contributes to the abuse or neglect of a resident, they are liable.
• Administrators and Management: Nursing home managers or administration can be held liable if they knowingly ignore complaints, fail to act on reports of abuse, or disregard unsafe conditions.

How Our NYC Nursing Home Abuse Attorneys Can Help

At our law firm, we have extensive experience handling nursing home abuse cases throughout New York City. Our dedicated team of attorneys understands the devastating impact nursing home abuse can have on victims and their families. 

We are committed to providing compassionate, skilled representation to ensure that those responsible for abuse, neglect, or negligence are held accountable. Here’s how we can help:

Free Case Evaluation

We begin by offering a free consultation to evaluate your nursing home abuse case. During this meeting, a nursing home abuse attorney from our team will listen to your story, review the circumstances of the abuse or neglect, and advise you on the best course of action. 

We aim to clarify and help you understand your legal rights and the options to pursue a nursing home abuse lawsuit. This free case evaluation lets you explore your legal options without financial pressure.

Case Investigation

Once we take on your case, our nursing home abuse attorneys will conduct a thorough investigation. This includes reviewing medical records, interviewing witnesses, inspecting the care facility, and gathering other evidence to build a strong case. 

We work with medical experts and other professionals to evaluate the extent of the abuse or neglect, ensuring we have the information to prove liability. 

Filing the Claim

After gathering evidence, we will file a nursing home abuse claim on behalf of the victim or their family. Filing a claim is critical when seeking compensation for the harm done and holding responsible parties accountable. 

We handle the legal paperwork and ensure the claim is filed within the required deadlines. Whether it involves nursing home negligence, medical malpractice, or wrongful death, our attorneys will guide you through the legal process.

Settlement Negotiation

In many nursing home abuse cases, we can negotiate a fair settlement without going to trial. Our nursing home neglect attorneys have extensive experience dealing with nursing homes, insurance companies, and other responsible parties to secure compensation for medical expenses, emotional suffering, and other damages. 

We aim to achieve a settlement providing financial relief for the victim and their family. We are always prepared to take the case to court if a fair settlement cannot be reached.

Trial Representation 

While many cases are settled out of court, our NYC nursing home abuse attorneys are fully prepared to take your case to trial. Our attorneys have a strong track record of success in the courtroom and are ready to fight for nursing home abuse victims. We will present the evidence, call expert witnesses, and make a compelling case if a trial is required.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 104 Medicare-certified nursing homes in New York City, and 122 of them (41%) have an overall score below or much below average. Specifically, 148 facilities (49%) fall short in health inspections, and 159 nursing homes (53%) have inadequate staffing levels. 26 facilities (9%) are rated poorly in quality measures. [1]

Elder abuse can be challenging to detect, especially when the victim is unable or unwilling to report the mistreatment. However, there are several warning signs that family members should be aware of to protect their loved ones from abuse and neglect.

• Frequent or unexplained injuries, especially in various stages of healing
• Sudden changes in behavior or mood swings
• Fear of specific staff members
• Reluctance to speak openly about their living situation
• Poor hygiene
• Malnutrition and dehydration
• Bedsores (pressure ulcers)
• Recurrent infections, including UTIs
• Financial irregularities and missing belongings

The worst-rated nursing homes in NYC include:

What to Do If You Suspect Nursing Home Abuse

If you suspect your loved one is being abused or neglected in a nursing home facility, it’s crucial to act quickly to protect them. Here are the steps you should follow:

Call 911 if There’s Immediate Danger

If you believe your loved one is in immediate danger or facing a life-threatening situation, contact emergency services right away. Law enforcement and medical professionals can intervene quickly to ensure the resident’s safety and provide any necessary medical attention.

Report the Abuse to the Nursing Home Administrator or Management

If the situation does not require immediate intervention, the first step is to notify the nursing home administrator or management. They are required by law to investigate abuse claims and protect the resident. Document your concerns in writing and request a formal investigation. Keep copies of all communications in case legal action is necessary.

File a Complaint with Your Local Ombudsman’s Office

The Long-Term Care Ombudsman Program advocates for nursing home residents and investigates complaints of abuse, neglect, and other concerns. Ombudsmen serve as neutral third parties who can mediate disputes between nursing home residents and the facility. 

Filing a complaint with your local ombudsman can prompt an investigation into the nursing home’s practices and protect your loved one.

Contact a Nursing Home Abuse Lawyer

It’s essential to consult an experienced New York City nursing home abuse lawyer who can help you understand your legal options. An attorney can also guide you through the process of filing a nursing home abuse lawsuit. A lawyer will help you hold responsible parties accountable and pursue compensation for damages.

Damages You Can Recover Through a Nursing Home Abuse Claim

Filing a nursing home abuse claim allows victims and their families to seek compensation for the harm endured.

Economic Damages

Economic damages are designed to cover the measurable expenses you or your family member incurred due to the mistreatment. Common examples include:

• Medical expenses
• Relocation costs
• Loss of financial assets

Non-Economic Damages

Non-economic damages are intended to compensate for the intangible effects of abuse, acknowledging the emotional and mental toll it takes on nursing home residents. Common examples include:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

Punitive Damages

Punitive damages are typically awarded in cases where the nursing home facility or staff members acted with gross negligence, malice, or deliberate intent to harm a resident. These damages are meant to punish the responsible parties and prevent similar actions in the future.

Contact a NYC Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our legal team has extensive experience handling nursing home abuse cases throughout New York City, helping families seek justice for their loved ones who have suffered abuse, neglect, or mistreatment.

We work on a contingency fee basis and are committed to holding negligent nursing homes accountable and ensuring that nursing home abuse victims and their families receive the compensation they deserve. With a proven track record of success, we are here to provide you with the support and legal guidance you need.

Call us at (800) 926-7565 or complete our contact form to book a free consultation with a New York nursing home attorney.

References: [1] Medicare